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(영문) 울산지방법원 2017.03.30 2017고단495
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”): (a) took the victim’s DNA driving E taxi in front of Ulsan-gu, Ulsan-gu; and (b) repeated the victim’s warning of having his/her destination; (c) on one occasion of having his/her face covered by the victim, he/she fell off on the floor without any justifiable reason.

As a result, the Defendant assaulted the victim while temporarily stopping for passengers.

2. The Defendant obstructed the performance of official duties, at the time of the day and the day and the day and the day of the preceding paragraph, driven the said taxi, visited the person to the G patrol box of the Ulsan Southern Police Station G patrol Station located in F in Ulsan-gu, Ulsan-gu, and reported the fact of damage, and assaulted the above H’s face by hand at one time, upon receiving a request to return home from the police officer assigned to the said police box at the time of the said police box, while taking a bath.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement prepared in the I;

1. Application of each statute on photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning the crime (selected of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 of the same Act) (Article 62 of the same Act on the following grounds: (a) has already been punished due to a crime committed against a taxi engineer or a crime of obstructing the performance of official duties; (b) the risk of recidivism and the gravity of legal interest in violation of

1. The Defendant committed the instant crime under Article 62-2 of the Criminal Act, with respect to the observation of protection and the community service order.

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